Staff Underperformance/Disciplinary Issues – Understanding the Informal Process of CL 71/14 (Post-Primary)

Aidhm Foghlama/Learning Intention: Recognise and understand Principal’s mandate and authority re Q.A. Develop confidence and practical strategies in addressing suspected or perceived underperformance. Remediate any actual underperformance without requiring ‘formal’ approach. Assist Principals and Deputy Principals in establishing and maintaining an Q.A. culture and approach across school.

Principal as QA Guarantor/Setting Standards. Principal’s Role in Establishing and Maintaining Quality. Note: This is also the role of Deputy Principal and others – but Principal specifically mentioned in legislation.

Discipline

Procedure/Stages Competence issues Other disciplinary issues Stage 1-Informal -Principal Stage 2-Formal (CEO/Director of schools) Stage 3-External Review (DES) Stage 4-Hearing Stage 5-Appeal Other disciplinary issues Stage 1-Verbal warning Stage 2-Written warning Stage 3-Final written warning Stage 4-Formal Hearing Stage 5-Appeal

Main focus for today – Managing Underperformance Evaluation of performance is a normal part of a teacher’s work – Student’s individual performance Class performance School performance More recently, additional focus: Performance of individual student/class cohort/Subject Dept. Reflection on own performance/value added. Principals and Deputy Principals have routinely evaluated performance of students, NQTs, new teaching staff, support staff, but…………. More structured coherent approach, with appropriate communication potentially leading to specific graduated action is a more recent phenomenon.

General Principles underpinning procedures within CL 71/2014 Maintaining good IR atmosphere at workplace Procedures assist management to maintain satisfactory standards, employees perceived failure to comply with standards can be fairly and sensitively addressed Procedures rational and fair Every teacher personally accountable for own behaviour and work performance Emphasis on informal approach to address alleged or perceived shortcomings Presumption of innocence

General Principles underpinning procedures within CL 71/2014 Employee to be advised in writing in advance of a disciplinary meeting to include source and text of complaint Right to representation Right to respond Right to fair and impartial examination of issues being investigated ETB as employer: duty to maintain confidentiality Sanction to be proportionate to the conduct/under performance Right to recourse to law protected

Circular 71/2014 - Preamble Teacher’s responsibility and obligation to avail fully of all opportunities of assistance towards remediation of professional competence issues…… Process must recognise the reality that professional competence issues are often of a transient nature and may have their origin in issues of a personal or professional nature which are of relatively short time duration ……

Reasonable and appropriate support, training and assistance will be provided Improvement Plan Support Services

Formal Process (CL 71/2014) Stage 1 (Informal Stage) Principal has responsibility for guidance and direction of teachers …. creation … of an environment which is supportive of learning among students and which promotes the professional development of teachers (1.1) Principal to advise teacher orally of specific nature and extent of concerns ….. furnish relevant documentation (1.2)

FORMAL PROCESS (CL 71/2014) continued………… Teachers to be given copy of procedures 71/2014 Principal to explore with the teacher the underlying causes and where possible agree steps that need to be taken to address the matter Principal will advise the teacher of available internal and/or external supports (1.3) & (1.4) If resolved to the satisfaction of the Principal, and both agree, no further action is necessary – This matter is concluded and closed (1.5)

Timeframe for Improvement Transient nature of difficulties – Normally resolved within a three month period (Excluding Holidays)

If not resolved through the Informal Stage of Circular 71/2014, Principal will inform teacher of intention to refer the matter onwards into Formal Stages Director of Schools/Education Officer/CE (1.7)

Other Processes CL71/2017 and Teaching Council Part 5 CL 71/2014 and ETBI Complaints Procedures

Who can make a complaint to Teaching Council about a registered teacher? Any person including Council ……………, there is no limitation under the legislation. E.g. a Principal or Board of Management or Chief Executive of an ETB may make a complaint to Council.

High Level overview of Complaints & Inquiries Process

Grounds for Complaints: Contravention of Teaching Council Acts and other named Acts; Professional misconduct; Poor professional performance; Conduct contrary to Code of Professional Conduct for Teachers; Erroneous/fraudulent registration; A teacher being medically unfit to teach; Conviction on indictment in or outside the state; Failure to comply with an undertaking or a consent given to a Panel under s.43(6). Poor professional performance defined in legislation; Professional misconduct defined in updated ‘Code of Professional Conduct for Teachers’

When Investigating Committee can refuse a complaint (s.42(5)): Where the complaint does not relate to the fitness to teach of the registered teacher OR Where procedures established under sections 24 and 28* of the Education Act 1998 have not been exhausted except where there are good and sufficient reasons for considering the complaint e.g. a child protection concern. If no section 24 procedure has/is being undertaken or contemplated, the Investigating Committee will be obliged to proceed. Where agreed school parental or student grievance/complaint procedures are underway, the Investigating Committee may pause its investigations . * No grievance procedures have been prescribed by the Minister under section 28

Live Links Education Act (1998) http://www.oireachtas.ie/documents/bills28/acts/1998/a5198.pdf Education (Amended) Act (2012) http://www.oireachtas.ie/documents/bills28/acts/2012/a1412.pdf Looking at our schools (2016) https://www.education.ie/en/Publications/Inspection-Reports-Publications/Evaluation-Reports-Guidelines/Looking-at-Our-School-2016-A-Quality-Framework-for-Post-Primary-schools.pdf DES Circular 71/2014 https://www.education.ie/en/Schools-Colleges/Information/Disciplinary-Procedures-Staff-/cl0071_2014_teachers.pdf

Live Links Code of Professional Conduct for Teachers http://www.teachingcouncil.ie/en/Publications/Fitness-to-Teach/Code-of-Professional-Conduct-for-Teachers.pdf Teaching Council Amendment Act 2015 http://www.oireachtas.ie/documents/bills28/acts/2015/a3115.pdf Circular 18/2015 – ETB Governance http://www.education.ie/en/Circulars-and-Forms/Active-Circulars/Code%20of%20practice%20for%20the%20governance%20of%20Education%20and%20Training%20Boards%20ETBs.pdf

References Presentation to ETBI 24th Sept 2016 – Brendan O’Dea The Authority of the School Principal, Feb 2nd 2017 David.ruddybl@gmail.com